Q: Can police cite someone for speeding if it is from a neighbors cell phone video and they did not see it?
A: Yes- they sure can, and I even had a situation once where the dashcam of a motor vehicle behind my client's car was sent to State Police and they suspended a license right away under the 'lives and safety' emergency suspensions. However, issuing it doesnt mean you don't have a chance to succeed in beating it. Put in for the hearing and be sure to save a good readable copy of the ticket. For one thing, tickets are supposed to be issued 'in hand' to the violater when stopped, but for rare exceptions. G.L. ch. 90C sec 2. In addition, it is hard for a lay person to estimate speed from a video, and harder for the officers I would think. It is all estimated so a guess. A clerk might not think that is solid proof. I once learned of a case where the police tried to extrapolate speed based on a video using a start and stop point = distance, but this situation isnt urgent enough for them to go to that effort. Remember that a s peeding ticket can trigger SDIP points on insurance, and 3 in 2 years or any 5 moving violations will trigger license suspension. If you are on a JOL license there is an issue too. You may want to think about a lawyer for the caase if you are at risk.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.